[backstory]
So i know this guy. I thought he was alright, and had no complaints about what i knew of him as a person. I went with his mother and he to new york for a vacation, and i enjoyed myself didn't complain much if at all that i could remember, as i didn't want to deal with being on bad terms with someone while 12 or so hours from home.

On the way back his mom asked him why he kept his windows locked. and he said something along the lines of "because i have stupid friends who like to throw things out the window", semi insulting sounding. But i was like, hey maybe something happened before my 'indecent'.

A few weeks before i had thrown a Cracker... as in the food... out the window of his Denali at a friend of mine in another vehicle. This guy get's pissed off as hell saying "YOU DON'T THROW SHIT OUT OF A 40,000 DOLLAR CAR *snobbishly enraged*". i laughed a little, and began to dismiss it. Apparently i'd pissed the hell out of the guy by throwing a few crackers out the window, and he began to talk shit about me behind my back. i continued to dismiss it with a smile not thinking it was anything serious.

On the way back from NY we basically got in a relatively brief argument with me saying it wasn't that big a deal, and he ranting the opposite getting pissed off. i said one or two choice words, and his mother told me not to speak like that. so i was like okay, and dropped it out of respect for her(she's an excessively nice woman who her spoiled son treats like absolute shit as she takes it).

Once again i try to forget irritation. Way out of the vehicle as he dropped me off, i simple say later man. and he just ignores me starring ahead like i'd killed his dog or something.

I left sunglasses in his car. he claimed they must have gotten taken by guys who cleaned the car (which is bullshit). i was like, well ok... can i at least get like $5 to go towards another pair(not much whatsoever), he responded with an unbelievably enraging prick smirk "sorry BUD it's not my fault". i wanted to beat the shit out of him, but honoring another one of my friends i didn't.

He begins basically slandering me amongst my friends, and talks shit about me to everyone(who were basically on my side).

In short. basic reasonless drama that i was constantly happy to avoid but couldn't.

[Backstory end]

Ok so i decided to make a photo a few months later. taking an image of him blowing fire, and turning it into a pic of him sucking some black guy's dick in front of the gay pride flag. as a joke which you can see here:

http://www.photodump.com/Anonymous/Gay%20Pride%20copy_R-787.html

(this is an obvious joke, not to be taken as real)

My mother saw this pic, and began to bitch about how i can get sued for 'defamation of character' and went off about how we didn't have the money to go to court and basically threw out the idea that i was naive about the internet, saying they can prove it no matter where i uploaded it, how many times i've reformatted (writing over with 1's and 0's, and what site i used, or what proxy i ran through. I responded, yes it is possible, but that's a fuckload of trouble to go through for a minor defamation of character charge being pushed by an 18yr old who couldn't financially be harmed in any way by this (although harm could be fabricated -.- )

My question is. If i'm wrong, how wrong am I? seeing as how i know very little about law.

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serves him right for driving a denali

Dangerous Tacos with Extra Meat?


I don't know why but I giggled.

he is a stupid resource-wasting faggot.

In order to sue he has to prove damages.

Did he lose his job over this picture? (financial damage)
Did his wife leave him? (emotional damage)

no?

Then the case will just get throw out. If he goes in front of a judge and says "baawww, the picture hurt my feelings", then the judge is just going to tell him to fuck off and stop wasting the court's time.

Also keep in mind what defamation of character really is, it is a "false statement of fact."
You were never trying to convince people that the event in the image actually happened. If you told his boss that he killed and raped a little girl and he gets fired for it, that's defamation of character. If told his boss that he's an annoying little bitch, that's not.

Read this:
http://injury-law.freeadvice.com/libel_and_slander/insults_epithets.htm
"What about insults and epithets? Are they defamatory?"
"Generally, no"

Your image is considered an insult, if anything. But like I said, it'll just get thrown out and make him look like even more of a douche bag.

EDIT:
Fear not, freedom of speech is your friend.

Thanks =)

Additionally, if he tries to claim that his image is his property, it falls under the free use category of parody :D:D:D

He could file a report of insultment. They can theoretically put you on trial for that. That is if they wan't to go through that much trouble for it. Just don't overdo it or let him know it was you. That said, him not knowing it was you takes away a big satisfaction part of revenge.

Isn't parody only for peope/cases/things that have already been publically viewed? I don't think personal portraits of private individuals can fall under parody.

Isn't parody only for peope/cases/things that have already been publically viewed? I don't think personal portraits of private individuals can fall under parody.

Well in that case, who is the subject of the OP being defamed to?